Brian Andrews and Dylan Braverman Obtain Pre-Answer Dismissal of Wrongful Death and Malpractice Claims in Staten Island

The COVID-19 team moved prior to answering to dismiss claims brought by the family on behalf of a former resident claiming that a Staten Island nursing home failed to prevent the exposure to and death from COVID-19. Brian Andrews and Dylan Braverman argued that this claim should never have been brought as it was subject to immunities granted as a result of the unprecedented wave of COVID-19 patients in New York in the Spring of 2020. Plaintiff opposed claiming that the immunity did not apply, and that the gross negligence exception to immunity applied. However, the court granted dismissal finding that the BPN COVID-19 team sufficiently established that this patient’s care was impacted by the desire to prevent exposure and to treat COVID-19 and that the claims alleged did not support a gross negligence allegation under New York law. As a result, the case was dismissed without need for any discovery.